SANJAY DUTT Vs. STATE

JUDGEMENT

(1.) The purpose of this order is merely to indicate the reasons for referring the matter to the Constitution bench.

(2.) Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) provides:

(3.) According to this section, unauthorised possession of any of the specified arms and ammunition [specified in Columns 2 and 3 of Category I or Category iii(a) of Schedule I of the Arms Rules, 1962] or bombs, dynamite or other explosive substances in a notified area is sufficient by itself to attract the provision. Mens rea is not an ingredient of the offence. The non obstante clause "notwithstanding anything contained in any other law for the time being in force" gives the provision an overriding effect. The punishment for such unauthorised possession is imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life besides fine.